Agenda item

We received an application for a Temporary Premises Licence under the Licensing Act 2003 for the Eisteddfod Genedlaethol Cymru.

 

 

The Chairman welcomed all to the meeting and introduced Members of the Sub Committee, Officers and representatives present. It was recommended that members consider and determine the application, on the basis of the information provided.

 

The Principal Licensing Officer presented the key issues, which summarised:

 

The application is for the following:

 

Supply of Alcohol (On and Off Sales):  Monday to Sunday   EsiteddfodMaes Maes B Caravan Site	Start     11.00hrs 11.00hrs 11.00hrs	Finish     00.00hrs 01.30hrs 23.00hrs
Recorded Music (Indoors and Outdoors)   Sunday to Tuesday   Wednesday to Saturday   29th July – 6th August on the Maes and Maes B music will be amplified.  No entertainment on the caravan site   Wednesday 3rd to Saturday 6th Maes B will operate until 02.00hrs   Performances on the Maes will end at 23.30hrs on these nights	08.00hrs   08.00hrs	23.00hrs   02.00hrs
Late Night Refreshments (Indoors and Outdoors)   Monday to Sunday   Mobile units on the Eisteddfod Maes and one unit on the Caravan Site till 01.00hrs   On Maes B, “Y Gorlan” will provide hot food for people staying at the Maes B campsite as part of their 24 hour counselling and support service.  July 30th – August 6th 2016 only.	23.00hrs	01.00hrs
Live Music (Indoors and Outdoors)   Sunday to Tuesday   Wednesday to Saturday   29th July – 6th August on the Maes and Maes B music will be amplified.  No entertainment on the caravan site.   Wednesday 3rd to Saturday 6th only Maes B will operate until 02.00hrs (Sunday 7th) Performances on the Maes will end at 23.30hrs on these nights	08:00hrs   08.00hrs	23:00 hrs   02.00hrs
Performances of Dance (Indoors and Outdoors)   Monday to Sunday   Range of dance performances and competitions as part of the 2016 Eisteddfod July 29th – August 6th.  Eisteddfod Maes only.  No entertainment on Caravan Site.	08.00hrs	23.00hrs
Plays (Indoors and Outdoors)   Monday to Sunday   Drama performances by amateur and professional companies July 29th – August 6th 2016 only on the Eisteddfod Maes	08.00hrs	23.00hrs
Films (Indoors and Outdoors)   Monday to Sunday   Showing of various videos and films as part of the activities on the Eisteddfod Maes July 29th – August 6th   Maes B will also show films and videos on Wednesday 3rd to Saturday 6th until 02.00hrs	08.00hrs	23.00hrs
Indoor Sporting Events   Monday to Sunday	08.00hrs	18.00hrs
Hours open to the Public   Monday and Tuesday Wednesday to Saturday Sunday   Eisteddfod Maes 08.00 – 01.00   Maes B entertainment open Wed 3rd – Sat 6th August inclusive hence the later hours from Wednesday   The Sunday refers to July 31st   Caravan site will be open from 14.00 on Thursday 28th July until 14.00 Sunday 7th August	08.00hrs 08.00hrs 08.00hrs	01.00hrs 02.30hrs 00.00hrs

 

 

The Legislative Reform (Entertainment Licensing) Order 2014 permits live and recorded music for 500 persons between the 08.00hrs – 23.00hrs on licensed premises without the requirement of a licence.  The payment received by the Licensing Section for the application referred to above was for a capacity level between 10,000 and 14,999.  Therefore, this Order will not be applicable in this instance as the capacity level will exceed 500 people.

 

The Chair invited other representatives to address the Sub Committee:

 

The solicitor representing the Eisteddfod Committee outlined the following points:

 

·         The public notice has been displayed at the site and has been properly advertised.

 

·         There has been no objection to the grant of a license for the Eisteddfod Maes or the caravan site.  The objection only relates to Maes B over the four day period.

 

·         Good Public consultation has been undertaken in respect of the Eisteddfod. Very few complaints have been received.  Instead, considerable support for the Eisteddfod has been received.

 

·         The Secretary of States Guidance sits alongside local policy. Relevant paragraphs within the guidance supported the local policy.

 

·         The licence, if granted, will be for a short period (four days).  Therefore, the Sub-Committee needs to determine whether this will be proportionate or disproportionate.

 

·         Officers have put in a considerable amount of work in preparation for the Eisteddfod.

 

·         The Eisteddfod is a valuable event for Wales and beyond.

 

·         Consider the views of the responsible authorities as they have visited other Eisteddfod events and worked with Eisteddfod Staff.  All statutory requirements have been assessed and they have not objected to this application.

 

·         There is significant legislation in place to address any health and safety issues.  It will be a safe event.

 

·         With regard to the path, measures are in place to address stewarding and the shuttle buses taking visitors between the two sites.  These measures will deter visitors from walking along the riverbank.  Therefore, there will be no need to build a bridge across the river, as requested by the objector.

 

Mr. Roderick Jones, objecting to the application, outlined the following points:

 

·         The dark blue notices in respect of Maes B have been erected on a private road and could not have been seen by the public.

 

·         The Eisteddfod plan indicates that people will be informed by notices, the drop in session, the press and by leaflet.  However, the leaflet states that Maes B will be on the Castle Meadows site.

 

·         The noise issue is probably tolerable.

 

·         The main issue is the safety aspect of the Meas B site.  Meas B tends to be frequented by young people consuming alcohol.  The location of the Maes B site is therefore unsafe, as it is likely that young people, potentially intoxicated with alcohol, will try to walk across Llanfoist Bridge late at night rather than use the shuttle bus.

 

·         The website for Maes B does not state that anyone with an electronic pacemaker / electronic medical device, should not visit the site.   Neither does the website state that anyone flying kites / drones or fishing at the site should be prohibited.

 

·         The safety aspect of Meas B and the lack of pedestrian access is a serious problem. Removal of the alcohol licence or the provision of safe pedestrian access should be considered.

 

Having considered the views expressed, the following points were noted:

 

·         Officers will liaise with the Eisteddfod Committee with a view to checking noise levels and agreeing appropriate sound levels.

 

·         Music levels will be reasonable and proportionate which will be agreed on the first night.  An acoustic consultant will be on site on the first night.

 

·         Shuttle buses are being provided to transport visitors to the sites on either side of the river.

 

·         It was noted that the Maes B event was established in 1996.  Tickets for this event are required.  An alcohol licence for the event is in place which will regulate alcohol availability on the site.

 

·         A risk assessment has been carried out.  Shuttle buses and stewarding have been established.

 

·         24 hour security will be available on the sites.

 

·         All issues relating to electricity on the site have been dealt with via the risk assessment.

 

·         If the application is granted an event safety management plan will ensure that safety conditions are adhered to.

 

·         It was noted that there is no legal requirement to contact the nation Grid.  The pylons on the site will be taken into account via the risk assessment.

 

Following questioning, Officers, the objector, the applicant and the applicant’s representatives left the meeting to allow the Committee the opportunity to deliberate and discuss the findings.

 

Upon re-commencement, The Chair advised that the Committee had considered the application under the Licensing Act 2003 for a premises licence for the Eisteddfod Genedlaethol Cymru.

 

The sub-committee comprising of Councillors L.Guppy, R.J. Higginson            and D. Evans met on 14th June 2016 at 2pm to consider the application for a Temporary Premises Licence for the Eisteddfod in Abergavenny from 28th July to 7th August 2016.             

 

We have heard representations from the applicant and the objector. We have also taken note of all the written representations before us.

 

In reaching the decision we have had regard to:

 

- the Licensing Act 2003.

- the licensing objectives.

- the Council’s statement of licensing policy.

- the Guidance issued by the Home Office.

 

In taking into account all of the above matters, any other relevant legislation, such as the Human Rights Act 1998 and all the issues raised before us today. 

 

The sub- committee felt that the following issues were relevant:

 

-           Noise levels and monitoring at Maes B.

-           The public’s safety at Maes B including the safety of the public leaving the site.

 

Therefore we have decided to:

 

Grant the application for a temporary premises licence, and for the licensable activities as applied for.

 

The applicant and objector may appeal to a magistrates’ court against this decision within 21 days of being notified of the decision.

 

The applicant and objector will receive written confirmation of this decision within 5 working days.